Circuit split · criminal sentencing
Whether an offense qualifies as a 'nonviolent offense' under the safety-valve/sentencing provisions turns on the categorical elements of the offense or on the defendant's actual conduct
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Butt16 F3D 412
Fourth Circuit Court of Appeals · January 6, 1994
“2 2 We are aware of the split of authority on whether the terms "nonviolent offense" under Sec.” — Split of authority
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Discussed · D.C. Cir.United States v. Chatman986 F.2d 1446
- Discussed · 11th Cir.United States v. Russell917 F.2d 512
- Discussed · 7th Cir.United States v. Poff926 F.2d 588
- Discussed · 3d Cir.United States v. Rosen896 F.2d 789
- Discussed · 6th Cir.United States v. Maddalena893 F.2d 815
- Discussed · 9th Cir.United States v. Borrayo898 F.2d 91
What the split turns on
- Statutes:
- 18 U.S.C. Sec. 16
- Constitutional provisions:
- Eighth Amendment
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.